Question: What are the legal grounds for eviction in California, and how can a tenant defend against a retaliatory eviction?
Answer: The California Tenant Protection Act (TPA) generally prohibits landlords from evicting tenants without "just cause." Under the TPA, there are "at fault" and "no fault" evictions. At fault evictions include nonpayment of rent, breach of a material lease term, unlawful use of the property, criminal activity, and refusal to allow lawful entry. No fault evictions include owner move-in, substantial remodeling, planned demolition, withdrawal of the unit from the rental market, and government order. There are some exceptions but these are the only legal grounds for evictions. California Civil Code 1942.5 prohibits landlords from retaliating against tenants for exercising their rights such as submitting complaints regarding housing code violations and engaging in tenant associations.
Please note:This response is for general informational purposes only and should not be considered legal advice. For advice specific to your situation, consult a qualified attorney. We recommend consulting with a qualified attorney to address your specific legal concerns. The forum, its administrators, and contributors assume no responsibility for actions taken based on the information provided here. Laws and regulations are subject to change and may vary by location.
Related definitions:
Eviction
Housing and Rent
Demand Letter
Legal Process
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